S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2540
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  COLTON, LUPARDO, MILLER, DICKENS, SEAWRIGHT,
   WILLIAMS, RIVERA, SOLAGES -- Multi-Sponsored by --  M.  of  A.  GLICK,
   WALKER  --  read  once  and  referred to the Committee on Governmental
   Operations
 
 AN ACT to amend the executive law, in relation to requiring state  agen-
   cies   and   persons   contracting   with  such  agencies  to  recycle
   construction and demolition site waste
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 163-b
 to read as follows:
   § 163-B.  CONSTRUCTION AND DEMOLITION SITE WASTE RECYCLING. 1. AS USED
 IN THIS SECTION:
   (A) "CONTRACTOR" MEANS A GENERAL CONTRACTOR HAVING A CONTRACT  WITH  A
 STATE AGENCY, AND ALL SUBCONTRACTORS OF SUCH GENERAL CONTRACTOR PERFORM-
 ING PUBLIC WORK PURSUANT TO SUCH CONTRACT.
   (B) "CONSTRUCTION AND DEMOLITION DEBRIS" SHALL NOT INCLUDE ANY MATERI-
 AL THAT IS CONTAMINATED BY LEAD, ASBESTOS OR OTHER HAZARDOUS MATERIAL IN
 SUCH A WAY AS TO RENDER RECYCLING ILLEGAL OR IMPOSSIBLE.
   (C)  "RECYCLER"  MEANS A RECYCLING FACILITY, TRANSFER STATION OR OTHER
 WASTE HANDLING FACILITY PERMITTED PURSUANT TO THIS ARTICLE WHICH ACCEPTS
 CONSTRUCTION AND DEMOLITION DEBRIS FOR RECYCLING OR FOR FURTHER TRANSFER
 TO A RECYCLING FACILITY.
   (D) "REUSE" MEANS (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION  AND
 DEMOLITION  DEBRIS  IF  SUCH ON-SITE USE IS AUTHORIZED IN WRITING BY THE
 COMMISSIONER; AND (II) THE OFF-SITE REDISTRIBUTION OF A  MATERIAL  WHICH
 WOULD  OTHERWISE  BE DISPOSED OF, FOR USE IN THE SAME OR SIMILAR FORM AS
 IT WAS PRODUCED.
   (E) "STATE AGENCY" SHALL MEAN (1) (I) ANY STATE  DEPARTMENT,  OR  (II)
 ANY  DIVISION,  BOARD,  COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR
 (III) THE STATE UNIVERSITY OF NEW YORK AND THE CITY  UNIVERSITY  OF  NEW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00448-01-3
              

 A. 2540                             2
 
 YORK,  INCLUDING  ALL  THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES
 AND  THE  INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR   CONTRACT
 COLLEGES  ON  BEHALF  OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE
 MEMBERS  ARE  APPOINTED  BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING
 STATE OFFICERS OR EMPLOYEES AS DEFINED  IN  SUBPARAGRAPH  (I),  (II)  OR
 (III)  OF  PARAGRAPH  (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF
 THE PUBLIC OFFICERS LAW.
   (2) THE FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS  ENTERED  INTO
 FOR  ITS  OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS DEFINED IN
 SUBPARAGRAPH ONE OF THIS PARAGRAPH:
   DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
   FACILITIES DEVELOPMENT CORPORATION;
   NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
   NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
   2. EVERY STATE AGENCY AND EVERY CONTRACTOR PERFORMING PUBLIC WORK  FOR
 A STATE AGENCY SHALL RECYCLE OR REUSE CONSTRUCTION AND DEMOLITION DEBRIS
 PRODUCED  ON  SITE  AS  PART OF CONSTRUCTION OR DEMOLITION ACTIVITIES BY
 MEETING THE FOLLOWING REQUIREMENTS:
   (A) ON A PUBLIC WORKS PROJECT COMMENCED WITHIN ONE YEAR OF THE  EFFEC-
 TIVE DATE OF THIS SECTION, THE STATE AGENCY OR CONTRACTOR SHALL CAUSE TO
 BE  RECYCLED  OR REUSED AT LEAST TWENTY-FIVE PERCENT OF THE CONSTRUCTION
 AND DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON SITE.
   (B) ON A PUBLIC WORKS PROJECT COMMENCED ONE YEAR  OR  MORE  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  SECTION, THE STATE AGENCY OR CONTRACTOR SHALL
 CAUSE  TO  BE  RECYCLED  OR  REUSED  AT  LEAST  FIFTY  PERCENT  OF   THE
 CONSTRUCTION  AND  DEMOLITION DEBRIS, AS MEASURED BY WEIGHT, PRODUCED ON
 SITE.
   3. WITHIN THIRTY DAYS OF COMPLETION OF A  PUBLIC  WORKS  PROJECT,  THE
 STATE AGENCY OR CONTRACTOR SHALL SUBMIT DOCUMENTATION TO THE STATE COMP-
 TROLLER  TO  REPORT COMPLIANCE WITH THIS SECTION. DOCUMENTATION SHALL BE
 IN A FORM PRESCRIBED BY THE STATE  COMPTROLLER,  AND  SHALL  CONSIST  OF
 NOTARIZED  AFFIDAVITS  FROM THE STATE AGENCY OR CONTRACTOR AND THE WASTE
 HAULER OR RECYCLER FOR THE PUBLIC WORKS PROJECT CERTIFYING THE EXTENT TO
 WHICH THE PUBLIC WORKS PROJECT COMPLIES WITH THIS SECTION.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.